Non-molestation order respondent FAQ

Read the order carefully and obey it straight away, even if you disagree with it – breaking it is a criminal offence. Note the return hearing date, then complete and return the FL435 response form at least 5 working days before that hearing. Speak to a free advisor as early as possible so we can check whether you qualify for legal aid.

FL435 is the 'Response to a Non-Molestation Order' form introduced by the President of the Family Division's Guidance 2026, in force from 12 January 2026. It is sent to respondents with a without-notice order and lets you tell the court before the return hearing whether you agree to the order continuing, would offer an undertaking, or want to oppose it.

Legal aid is available to respondents but it is means-tested and merits-tested, so not everyone qualifies. It is more likely to be granted where there are linked children proceedings or criminal proceedings, or the allegations could seriously affect you. Our advisors check this for you free of charge and refer eligible cases to legal aid family solicitors.

No. A without-notice order is made after hearing only the applicant's side. The court has not decided whether the allegations are true. The return hearing is your chance to respond.

No. A non-molestation order is made by the family court under the Family Law Act 1996. A restraining order is made by a criminal court, usually after a conviction or acquittal. Both can be a criminal offence to breach.

Yes. Speaking to an FL435.co.uk advisor is free and there is no obligation. We explain your options, help you prepare your FL435 response and check whether you are eligible for legal aid.

The FL435 should reach the court no less than 5 working days before the return hearing. Under the 2026 guidance the return hearing after a without-notice order is listed within 28 days, so you may have only a few days. Contact us as soon as you are served.

A court injunction under section 42 of the Family Law Act 1996 that stops a person (the respondent) from using or threatening violence, intimidating, harassing or pestering another person (the applicant) and sometimes named children.

An order made without the respondent being told about the hearing in advance, usually because the applicant says there is a risk of significant harm or that notice would put them at risk. The respondent then gets a return hearing.

The order must state a clear end date. Commonly 6–12 months, but it can be longer or extended in some cases.

A non-molestation order is a civil order and is not a conviction. Police information may be considered for some enhanced checks. A conviction for breach would be a criminal record. Take advice if your work involves checks.

No, not if the order forbids contact. This would be a breach, even if well-intentioned.

The order binds you, not them. If they contact you, do not reply in a way the order forbids. Keep a record and seek advice.

Returning the FL435 doesn't normally require a fee. Other applications, such as to set aside or vary, may require a fee unless you qualify for Help with Fees.

You may be able to bring a McKenzie Friend for support, with the court's permission. Family hearings are private, so other supporters may need to wait outside.

The same Family Law Act 1996 rules and 2026 guidance apply in Wales. We help respondents across England and Wales.

No. Scotland and Northern Ireland have different laws and court systems. Our help covers England and Wales.